Blog Archives

Statement of Work Can Make or Break Discoverability of Data Breach Report

A recent decision from a federal court in Pennsylvania highlights the importance of a carefully crafted statement of work (“SOW”) when commissioning an investigative report in response to a data security breach. A convenience store chain recently learned this lesson

Posted in Data Breach, Discovery, Litigation

Plaintiffs Allege Security Promises Ring False

John and Jennifer Politi, purchasers of several Ring products, have filed a putative class action lawsuit against Ring, LLC arising out of Ring’s alleged failure to implement industry standard security features into its products.  The case has been consolidated with

Posted in Internet of Things, Litigation

Jury Verdict in TCPA Case Puts Over $925 Million In Damages On The Table

On April 12, 2019, an Oregon federal jury returned a Friday evening verdict in a Telephone Consumer Protection Act (TCPA) class action that could put the defendant on the hook for $925 million in damages. The TCPA makes it unlawful

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Posted in Litigation, TCPA

U.S. Supreme Court Refuses to Search Google Settlement Agreement for Fairness

The U.S. Supreme Court on Wednesday remanded a class action against Google so that the lower courts could determine whether any of the named plaintiffs have standing under Spokeo, Inc. v. Robbins. The underlying suit alleged violations of the Stored

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Posted in Litigation, Privacy

Third Circuit Affirms Dismissal of FACTA Suit on Standing Grounds

A three-judge panel of the Third Circuit recently affirmed a district court ruling that dismissed a suit for violation of the Fair and Accurate Credit Transaction Act of 2003 (FACTA) for lack of Article III standing.  The plaintiff, Ahmed Kamal,

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Posted in Litigation, Privacy, Regulations

Illinois Supreme Court Sheds Light on the Importance of Strict Compliance with State’s Biometric Information Privacy Act

On January 25, 2019, in Rosenbach v. Six Flags Entm’t Corp., the Illinois Supreme Court held that an individual is an “aggrieved” party under the Illinois Biometric Information Privacy Act (“BIPA”) and may seek damages absent an allegation of harm

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Posted in Legislation, Litigation, Privacy, Regulations

Amazon Echo Data at Center of Another Legal Battle

Amazon, Inc. is on the receiving end of another court order demanding it release the data and recordings associated with one of its Echo smart devices. For the uninitiated, Echo smart devices support voice interaction, music playback, and other administrative

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Posted in Internet of Things, Litigation, Privacy

Recent Decision Sends Companies Rushing to Review Browsewrap Agreements

A California federal court recently held in Rushing v. Viacom, Inc. that an arbitration provision in Viacom’s End User License Agreement (“EULA”) was one click shy of enforceability, and denied the company’s motion to dismiss claims against it pending arbitration.

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Posted in Litigation

Technical FACTA Violation Insufficient to Confer Standing

A federal court in Texas cut short a putative class action alleging violation of the truncation requirement under the Fair and Accurate Credit Transactions Act (FACTA), sending a clear message to plaintiffs that minor inconvenience flowing from a procedural violation

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Posted in Litigation, Privacy

Equifax Hearings Continue on the Hill

Former Equifax chief Richard Smith returned to Capitol Hill for a second day of congressional hearings into his company’s data breach, this time appearing before the Senate Banking, Housing, and Urban Affairs Committee. Committee Chairman Mike Crapo (R-ID) characterized the

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Posted in Cyber crimes, Cyberattack, Data Breach, Data Security, Litigation, Privacy
About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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